Agri-Cal Venture Associates, Frederick H. Behrens, Tax Matters Partner, et al. - Page 5




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                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               HALPERN, Judge:                                                        
          I.  Introduction                                                            
               This report concerns the affirmative defense of statute of             
          limitations raised by five of the petitioners in these seven                
          consolidated cases.2  Those five petitioners and respondent have            
          agreed that, at this time, respondent will not claim fraud in               
          response to such affirmative defense but may, at some later time,           
          make such response.  No additional response by respondent will be           
          necessary, however, since, on the grounds before us, we do not              
          sustain any affirmative defense of statute of limitations.                  
               The partnerships raising the affirmative defense of statute            
          of limitations are Agri-Venture Associates (AVA), Agri-Venture              
          Fund (AVF), Houston Farm Associates II (HFA-II), Dixie Venture-             
          1985 (DV-85), and Texas Farm Venturers (TFV).  The issues we must           
          address are whether (1) for 1984, with respect to AVA and TFV,              
          and for 1985, with respect to HFA-II, a valid partnership return            
          was filed, which would fix the period provided for in section               
          6229(a) for assessing any tax, and (2) for 1985, with                       



               2  Frederick H. Behrens, Tax Matters Partner, is petitioner            
          in three of those five cases, and Robert A. Wright, Tax Matters             
          Partner, is petitioner in the other two.  To avoid confusion in             
          the discussion that follows, we will use the name of the                    
          partnership, rather than the name of the tax matters partner, to            
          refer to the petitioner in each case:  For instance, we will                
          refer to the petitioner in Agri-Ventures Associates, Frederick H.           
          Behrens, Tax Matters Partner, as Agri-Ventures Associates (AVA).            




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